Q & A

NLHA: Expenses Rise, Rent Revenues Fall, for Affordable Housing Providers

October 15, 2020    

COVID-19 has increased costs and reduced revenue for housing providers, making it harder for them to operate and invest in future housing projects, according to a survey by the National Leased Housing Association (NLHA) and ndp analytics. Conducted in August, the survey asked low- and moderate-...

HUD Must Ensure Households Have Sufficient Supply of Safe Drinking Water

September 14, 2020    

Catalyst: As part of the fiscal year 2019 audit plan, HUD’s Office of Inspector General (OIG) conducted an audit into HUD’s oversight of lead in the water of multifamily housing units. The objective was to determine whether HUD’s Office of Multifamily Housing...

Don't Require COVID-19 Testing as a Condition of Occupancy

August 11, 2020    

According to experts, controlling the spread of the pandemic demands finding the infected and isolating them until they can no longer spread the disease, alongside broader measures like social distancing. With an untold number of asymptomatic carriers, the only option to find out who truly has...

Modify House Rules Before Requiring Residents to Wear Masks

August 11, 2020    

Sites receiving project-based Section 8, Section 202, or Section 811 assistance are allowed to require tenants to wear face coverings while at the site and/or treat a tenant’s failure to wear a face covering as a lease violation—as long as modifications to the lease or house rules...

Apply Rent Reduction Retroactively After Income Decrease Recertification

August 11, 2020    

If a tenant waits some amount to time to report a decrease in income, after an income recertification, you must then retroactively apply any reduction in rent starting with the first day of the month after the date of the action that caused the decrease in income. So, for example, if a tenant...

HUD Will Resume REAC Physical Inspections

August 11, 2020    

HUD recently announced the resumption of Real Estate Assessment Center (REAC) inspections of HUD Multifamily and Public Housing properties and units under strict safety protocols during the national recovery from the COVID-19 pandemic. REAC inspections are the assessment tool that ensures HUD-...

Federal District Court Judge Blocks Public Charge Rules for Immigrants

August 11, 2020    

A federal judge for the U.S. District Court for the Southern District of New York recently issued two nationwide injunctions temporarily blocking the Trump administration’s “public charge” rules. The measures, which are now on hold, had broadened the grounds under which...

HUD Terminates Obama-Era AFFH Rule

August 11, 2020    

HUD Secretary Carson recently announced that HUD will terminate the Obama-era rule regarding the implementation of the Affirmatively Furthering Fair Housing (AFFH) provision of the 1968 Fair Housing Act. In a press release, Carson claimed that the provision has proven “to be complicated,...

DOJ Sues Section 8 Owner for Sexually Harassing Tenants

August 11, 2020    

The Department of Justice (DOJ) recently announced that it has filed a lawsuit alleging that the owner of rental properties in Elizabeth, N.J., violated the Fair Housing Act by subjecting tenants to sexual harassment. The complaint alleges that the owner, who owns hundreds of rental units in and...

Kansas City Site Didn’t Comply with Tenant Eligibility and Recertification Requirements

August 11, 2020    

Catalyst: HUD’s Region 7 Office of Multifamily Housing Programs asked HUD’s Office of Inspector General (OIG) to audit a Kansas City site’s Project-Based Section 8 Rental Assistance program. HUD conducted a management and occupancy review in January 2018 and...

Review HUD's Disaster Guidance Before Severe Weather Hits

July 14, 2020    

While the country is still dealing with the impact of the COVID-19 pandemic, this year’s Atlantic hurricane season is currently on pace to match the number of named storms during the historic 2005 hurricane season, which was the most active hurricane season on record. Hurricane season...

Don't Include Late Fees Incurred During Moratorium in Post-Moratorium Collections

July 14, 2020    

The CARES Act created a federal moratorium on evictions of tenants for most federal housing programs. The moratorium took effect on March 27 and extends until July 25, 2020. According to the provisions of the act, it’s unlawful to “charge fees, penalties, or other charges to the...